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HomeMy WebLinkAbout60-90 RESOLUTION• RESOLUTION NO. 60-90 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH ABILITIES UNLIMITED FOR ROADSIDE LITTER PICK-UP. RE FT RESOLVED BY THE BOARD OF DIRECTORS OF THE CTTY OF FAYETTEVTLLE, ARKANSAS: Section I. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Abilities Unlimited for roadside litter pick-up. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of April ATTEST: A A. S -.meg _id .1 APPROVED: By: Ale44%17/ , 1990. Mayor • AGREEMENT FOR ROADSIDE LITTER PICK UP AND REMOVAL FOR THE CITY OF FAYETTEVILLE ON DES:GNATEI: STREETS & ROADS IN FAYETTEVILLE, ARKANSAS BY ABILITIES uNI.IMITED OF NORTH— WEST ARKANSAS. :NC. FOR A PERIOD OF THREE MONTHS. DPFTNITIONS: The City of Fayetteville will hereinafter be referred to as the "Receiving Agency". Abilities Unlimited of Northwest Arkansas. Inc. will hereinafter be referred to as the "Performing Agency". 11. STATEMENT OF SERVICES ro BE PERFORMED: Services performed shall be in accordance with the attached General Requirements made a part of this agreement. 111 BASIS FOR CALCULATING REIMBURSABLE COSTS: It is understood that the number of hours cit work shown in each option are estimates only. and that no guarantees are made as the amount of work which will be performec. :V. CONTRACT AMOUNT: The total amount of funds which may be expended shall not exceed the amount set by the Receiving Agency. This proposal is set to run for three months and includes furnishing of all plastic nags, pick up and disposal of litter bv the Performing ARency. Disposal of litter will be done by use or City's containers. ✓ . PAYMENT FOR SERVICES: The Receiving Agency shall pay for services rendered upon receipt of a proper invoice or voucher prepared by he Performing Agency within thirty (30) days trom receipt of same. Payment tor services performed shall be billed monthly. ✓ I. TERM OF THIS AGREEMENT: The terms or the services to be covered by the this aAreement shall he valid until December 31, 1990. SIGNED: MAIOR:i/ DATE: SIGNED: SIGNED. 40a/4/ TITLE: , I., 4-17-Qo DATE: t....XCA4nyiwy) SIGNED: G ITY CLERK: aekelA L. Tkormets DATE: `c; DATE: WITNESS: Page two (2) Agreement between City of Fayetteville and Abilities Unlimited 1 DESCRIPTION: This specification shall govern for the pickup and proper d isposal by the Performing Agency of the defined terms of litter disposed onto the right-of-way (excluding the roadway surface) as described herein and/or directed by the Street Superintendent. DEFINITIONS: For the purpose of 'he Purchase Order, the following d efinitions will apply. A. Street Superin'enaent will mean +he Street Superintendent or his appointed represent:If:ye 01 the City of Fayetteville. B . "Litter" is defined as trash, garbage or refuse of the specified character which Is nisearced onto the right-of-way and described as, hu ' not limited t o, scrap metal, paper. wood, rubber, plastic, and g lass products. 3. EQUIPMENT: The Performing Agency will furnish all tools. hats, safety vests. gloves, equipment for hauling litter, and al] other safety materials or devices, excluding as provided in the General Provisions of this agreemeni, necessary to perform the work in a safe and orderly manner. 4. METHODS OF OPERATIONS: Prior to beginning operations, a meeting between representatives of the Receiving Agency and he Performing Agency will be arranged by the Receiving Agency. In this meeting the Performing Agency will outline the proposed litter pickup and disposal procedure and submit its plan for performing the work while providing for the safe passage of traffic at all times. 5. SCOPE OF WORK: The Performing Agency will be required to pick up all litter, as defined in Item 2. trom the street and roadway right-of-way. The accumulated litter shall be disposed of bv the Performing Agency al a designated City container. The Performing Agency will not he required to remove dead animals, The Performing Agency will be responsible :or placement of all traffic warning devices necessary to comply with the attached requirements. Page three (3) Agreement Between City ot Fayet'eville anc: Ab ities Uniim.ted 6. PAYMENT: All worn pertormed will be paid for at the per hour unia price for litter pickup which shall be full compensation tor furnishing all labor, equipment and incidentals necessary to complete the work. except items specified to be turnished bv the Receiving Agency. Payment shall be made onnthly after the satisfactory completion of assigned work. 7 ESCAPE CLAUSE: Atter initiation of contract, the Receiving Agency and/or the Performing Agency shall be allowed to discontinue the contract with thirty (30) days written notice. except that in the case of unsatistactory performance of work as staled on page six (6). item nine (9). work may be immediately suspended. A. ADDITIONAL CREWS: After initiation ot the contract. it a second crew is deemed necessary by the Receiving Agency and the Performing Agency concurs with a second crew, contract liability will be increased by an amount equal to the additional persons X hours per day X number of days as an amendment to tne original contract. Page tour (4) Agreement between City at Fayetteville and Abilities Lnlimited 1 GENERAL PROVISIONS ROADSIDE LITTER PICKUP The Performing Agency shall observe and comply with all federal, state, and local laws, safety and health regulations. ordinances, and all ordinances and regulations which in any manner aftect the conduct at the work. 2. In order to ensure the satety of the traveling public, the Performing Agency shall coordinate all work with the Receiving Agency and shall place warning devices in accordance with requirements ot the City ot Faytt.wi11e and Arkansas Highway and Transportation Department. Safety cones and safety f)ags, as may he required to protect the traveling public, will be furnished by the Receiving Agency at a designated maIntenance warehouse. At the conclusion ot the tern of the contract, the equipment shall be returned to the same warehouse. The Performing Agency shall reimburse he Receiving Agency tor any loss or damage except that which is cue to weather or normal wear. Reimbursement to the Receiving Agency wi..1 be accompiished by making deductions from money due the Performing Agency. Reimbursement tor cones and safety flags ig21 be made at the prevailing current cost lo the Receiving Agency. All other safety materials or devices necessary to pertorm the work under the Agreement in a safe and orderly manner shall be furnished by the Performing Agency. 3. The Performing Agency agrees to accept full responsibility for any and all damages, including damage to properly as a result of operations. The Performing Agenc) furaher agrees to promptly repair any such damages in accordance with the Receiving Agency's instructions. 4. Prior to the beginning of work the Performing Agency shall provide the Receiving Agency with the Performing Agency's Certiticate of Insurance for the following listed minimum insurance coverages; such coverages shall be kept in effec4 during the full term of the Agreement. 4. Worker's Compensation Insurance Amount - Statutory B. Comprehensive Ueneral Liability Insurance Amounts Bodily In!ury$3CC,C0C each occurrence Property Damage $ 25,020 earl] occurrence $122,03C Tor aggregate Page five (5) Agreement between City of Fayetteville anct Abi.ities Unlimited 4. (Cont '(1) C. Comprenensive Automobile Liability Insurance Amount flodily itOtry SlOC,C00 each person S300,00C each occurrence Property Damage S 25,000 each occurrence Performing Agency shall ne responsible for any deductibles stated in the policy. Receiving Agency shall be included as an "Additional Insured" by endorsement to policies issued tor coverage in B and C above. 5 The Performing Agency agrees to save harmless the Receiving Agency from any and all claims and liability due fo the arts of the Performing Agency's employees and the operations ot their equipment. The Performing Agency also agrees to save harmless the Receiving Agency from any and all expenses. including attorney fees, incurred by the Receiving Agency in litigation or otherwise resisting such claims or liabilities as a result of the Performing Agency's employees' activities. Further, the Performing Agency agrees to protect, indemnify and save harmless the Receiving Agenry from and against all claims, demands and causes of action 01 every kind and character brought by any employee of the Performing Agency against the Receiving Agency due to personal iniuries and/or death to such emp.oyee from any alleged negligent act, by either commission or omission on the part of the Performing Agency or the Receiving Agency. 6. The Performing Agency will confine all operations ao cayligt.• hours with no work performed on Sundays or State observoc nolidays unless otherwise authorized by the Receiving Agency. 7. All equipment operating on right-of-way shall be licensed in accordance with the laws of the state. 8. The Receiving Agency will notify the Performing Agency, by issuance of a work order or minute order to begin operations on the agreeable date. In the event the Performing Agency does nol begin operations on the agreed date. *he Receiving Agency has the option of performing the work in any manner deemed necessary. Page six (6) Agreement between Cit.v of rayetteville and Abilities Unlimited 9. All operations must meet the approval ot the Receiving Agency. Failure by the Performing Agency to satisfactorily perform the work as herein specified shall be cause of immediate suspension ot the work and possible cancellation of the contract by declaration of default alter review by the City Manager's office of the Receiving Agency. Upon suspension of the work, the Receiving Agency shall have the option of performing the work with its own forces during the interim period pending final resolution. 10. The Performing Agency will not be permitted to assign, sell, transfer, or otherwise dispose of the contract or any portion thereof, or his rights, title or interest *herein. The Performing Agency will not be permitted to sublet any portion of the contract. 11. Payments to the Performing Agency for services rendered will be made based upon the submission of properly completed and documented invoices to the Receiving Agency's personnel. The houriy rate(s) of pay shall be as established under conditions of the contract. 12. The Receiving Agency shall have the right to audit ine applicable books and records of the Per/orming Agency during the hours of normal workday. Page seven (7) Agreement between City ol Faye+teville and Abilities Unlimited TRAFFIC WARNING REQUIREMENT FOR LITTER PICKUP IN THE CITY OF FAYETTEVILLE Large orange trattic cones will he the primary warning method for the +raveling public because cones capture the attention of a motorist better than other devices. A series of three (3) large (28 inch) traffic cones will he placed at 100 toot intervals in the Immediate vicinity ot the parked vehicle. The cone nearest the vehicle will have an orange highway flag inserted in the 'op. Each cone will normaily be positioned on the shoulder of the roadway in a manner which wilf enable the passing driver to be sufficiently warned of work in progress yet in a position so it will not easily be knocked over or blown down. Cones will be placed off the primary roadway surface and no lane wi:( be blocked. Cones will be moved as the site moves and wilI be removed when work is stopped (e.g., during lunch or other work stoppage time.) The City of Fayetteville -13emAwill provide a "Men Working" sign lo be attached lo the back o! the truck. While the vehicle is moving slowly (to pick up litter. park or when starting tram a parked position) tlashing havard ligh+s or a flashing beacon will be used. Page eight (6) Agreement between City of Fayetteville and Abilities Unlimited BASIS FOR ESTIMATE OF COST Rate per hour: $6.29 per person Size crew: Supervisor/truck driver and 2 other = Total of 3 Roadway covered: A. 15th Stree4 - South School to Huntsvi:2e Road B . Gregg Street - North Street lo Bypass C. Drake Street - College Ave. to Subdivision at enc D . Mobile Home Park off Villa Blvd. west of North College Avenue E . Subdivision North of Mobile Home Park bordered by Villa Blvd and Drake Street. Skyline Drive and around Mt. Sequoyan G . South College - East on Rock to Kneer Scheduled pickups: To be determined by he City of Fayetteville. Estimate of cost per pickup: A. 8204.63 ri. C. I). E. 8443.28 8 56.64 $ 68.20 $ 73.61 8 90.94 45.46 TOTAL S983.16 The total schedule of roadways will be picked up 5 1/2 times curing the life of the contract. At the City's request specific areas may be picked up more often. Total amount of this contract not to exceed 85400.00. 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